1. STATE OF ILLINOISPollution Control Board
  1. fl CE$VE
      1. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      2. THIS FILING IS SUBMITTED ON RECYCLED PAPER
  2. ))))))
  3. )))))
      1. CERTIFICATE OF SERVICE
RECEMVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JAN
292004
FREEDOM
OIL COMPANY,
)
Petitioner,
)
)
vs~
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PCB
03-54
PCB 03-105
PCB 03-179
PCB 04-02
(UST
Fund)
PCB
03-56
(UST Appeal)
(Consolidated)
TO:
NOTICE OF FILING
Dorothy M. Gunn, Clerk
Illinois
Pollution Control Board
State ofIllinois Center
100 West Randolph,
Suite 11-500
Chicago,
IL
60601-3218
Hon. Carol Sudman
Hearing Officer
Illinois
Pollution Control Board
600
S. Second Street, Suite 402
Springfield,
IL 62704
John J. Kim, Assistant Counsel
Division ofLegal Counsel
Illinois
Environmental Protection Agency
1021
North Grand Avenue East, P. 0. Box
19276
Springfield,
IL
62794-9276
PLEASE
TAKE
NOTICE that I have
today
filed with
the Office
of the
Clerk of the
Pollution
Control Board an
original
and nine (9) copies of Open Waiver ofStatutory Deadline,
a
copy ofwhich is herewith served upon you.
Dated:
January 27, 2004
Respectfully submitted,
FREEDOM OIL COMPANY
-
Diana M.
agi
11aç~Attorneyfor Petitioner
By:
hL~
Diana M. Jagiella
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600,
211
Fulton Street
Peoria, IL
61602-1350
(309) 672-1483
man/G:\F\Freedom Oil\pldgs\PCB\NOF1.1 5.04.doc
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
)
THIS FILING IS SUBMITTED ONRECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BO

Back to top

fl
CE$VE
FREEDOM OIL COMPANY,
)
CLER~SO
)
~2~2OO~
Petitioner,
)
PCB~J3-54
~‘
troi Board
vs.
)
p~9~~Ofl
)
PCB 04-02
ILLINOIS ENVIRONMENTAL
)
(LUST Fund)
PROTECTION AGENCY,
)
PCB 03-56
)
(UST Appeal)
Respondent.
)
(Consolidated)
OPEN WAIVER OF STATUTORY DECISION
DEADLINE
NOW COMES the Petitioner, FREEDOM
OIL COMPANY
(“Freedom”),
pursuant
to
35
Ill.
Admin.
Code
§101.308(c)(2)
and waives the statutory deadline for final Board
decision in this
UST
Fund/UST
Appeal
proceeding
as
specified
in
Section
40
of the
Illinois
Environmental
Protection Act, 415 ILCS 5/40 (the “Act”).
In support of its waiver, Petitioner states:
1.
On January
14, 2003,
Freedom filed a Petition for Review ofUnderground Storage
Tank
Fund
Reimbursement
in
response
to
the
Illinois
Environmental
Protection
Agency’s
December
18,
2002
denial
determination in
connection with LUST
Incident No.
20020433
(PCB
Case
No 03-105).
On
January
23,
2003,
the Board
issued
an
Order accepting the Petition
for
hearing.
2.
On January 21, 2003, Freedom filed a Petition for Review ofUnderground Storage
Tank
Fund
Reimbursement
in
response
to
the
Illinois
Environmental
Protection
Agency’s
September 20,
2002
denial determination in
connection with LUST Incident Nos.
961825;
962059;
20020433; and 20021122
(PCB Case No.
03-56).
On January 23,
2003, the Board issued
an Order
accepting the Petition for hearing.
3.
On January 21,
2003, Freedom filed a Petition
for Review of Underground Storage
Tank
Fund
Reimbursement
in
response
to
the
Illinois
Environmental
Protection
Agency’s
September
17,
2002
denial
determination
in
connection with
LUST
Incident No.
20020433
(PCB
Case
No.
03-54).
On January
23,
2003,
the
Board
issued
an
Order accepting the
Petition
for
hearing.
4.
On
February
13,
2003,
Freedom
filed
a
Motion
to
Consolidate
its
three
pending
cases
before
the
Board.
On February
20,
2003,
the Board
issued
an
Order granting Freedom’s
Motion to Consolidate PCB 03-54, PCB 03-105, and PCB
03-56.
5.
On April
4,
2003,
Freedom
filed
a
Petition
for Review
of Underground
Storage
Tank
Fund
Reimbursement
in
response
to
the
Illinois
Environmental
Protection
Agency’s
March
19, 2003
partial denial determination in connection with LUST
Incident No. 20020433
(PCB
Case No.
03-54), and also moving the Board to
consolidate the April 4,
2003
appeal with
its three
previously-consolidated UST appeals.
On April
8,
2003,
Freedom filed a Notice ofClarification
that
the
April
4,
2003
petition
pertains
to
three
leaking
UST
incident
numbers:
20020433;
20021122;
and 20021420.
On April
17, 2003,
the Board issued
an Order accepting the Petition for
hearing and
granting Freedom’s Motion to
Consolidate PCB
03-54, PCB
03-105, PCB
03-179 and
PCB
03-56.
6.
On July
2,
2003, Freedom filed a Petition for Review ofUnderground Storage Tank
Fund Reimbursement in response to
the Illinois Environmental Protection Agency’s May 28, 2003
partial denial determination
(PCB
Case No. 04-02), and also
moving the Board to
consolidate
the
July
2, 2003
appeal with
its
four previously-consolidated UST
appeals.
The Board has issued
an
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
Order accepting the Petition for hearing and granting Freedom’s Motion to Consolidate PCB 03-54,
PCB 03-105, PCB 03-179, PCB
03-56
and PCB 04-02.
7.
On February
27,
2003,
Freedom filed a Waiver of Statutory
Decision Deadline
to
July
10,
2003;
and
on
May
1,
2003,
Freedom filed
a Waiver of Statutory
Decision Deadline
to
October 8, 2003.
8.
Petitioner and Respondent have
undertaken discussions
to
explore the possibility of
settlement.
If these matters
can be resolved
by negotiation, the
expenditure oftime
and resources
associated with proceeding to hearing and final Board decision willbe avoided.
9.
To
allow sufficient time for the parties to continue settlement
discussions, Petitioner
waives the current April
29,
2004,
decision deadline and requests
an additional open
extension for
the Board’s decisionin this consolidated proceeding.
HOWARD & HOWARD ATTOP~NEYS,
P.C.
By:
_______________________
Diana M.
Jagiel
,
Att~eyforPetitioner,
Freedom Oil C
m
any
Dated:
January 27,2004
Diana M. Jagiella
Howard
& Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211
Fulton Street
Peoria, IL
61602
(309) 672-1483
THIS FILING IS SUBMITTED ON RECYCLED PAPER
3
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
vs.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.

Back to top

)
)
)
)
)
)

Back to top

)
)
)
)
)
PCB 03-54
PCB 03-105
PCB 03-179
(UST Fund)
PCB
03-56
(UST Appeal)
(Consolidated)
CERTIFICATE OF SERVICE
I, the undersigned, hereby
certify that
on this
27th day ofJanuary 2004,
I have served the
attached Waiver of Statutory Decision Deadline, by depositing same via First Class, U.S. Mail, with
proper postage prepaid, upon the following persons:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, IL
60601-3218
Hon. Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600
S. Second Street, Suite 402
Springfield, IL 62704
DianaM. Jagiella
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL
61602
(309) 672-1483
(17273-1)
G:\F\Freedom Oil\pldgs\PCB\waiver
1 .15.04.doc
John J. Kim, Assistant Counsel
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East, P. 0. Box
19276
Springfield,
IL
62794-9276
LQ1~
Diana M. Ja~~a
0

Back to top